The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-06
TREASURER LEMCKES OFFER
1t Is Formally Accepted by All of the
Judges OF the Supreme Court.
Governor Gray, However, States that He Has
Not Yet Decided What He Will Do Re-
garding the Matter.

When the fu2ds appropriated by the Legsla-
lure of 1885 to pay certain clerks. messengers
and jauitors in the employ of the State, well
as Office expenses, were exhausted. there was
the alternative of disseminating such service, to
the detrment OF the States business TO de-
wise other means by which the payments could
be legally made. Governor Gray, in effect, said
yesterday that Auditor of State Rice, when in
Office and in like emergency. continued
TO draw warrants the treasury
for that service. Auditor of State Carr
had this and other presidents to follow. but in
the face of the statutes such transactions were
illegal, said the Attorney general His advice
was based on Section $685. which reads: ''The
Auditor OF State shall at time draw a war
rant upon the Treasurer of the State unless
there be money in the treasury belonging to the
fund upon which the same is drawn to pay the
same, and in conformity to appropriations made
by law, and on money actually in the treasury,
subject to the payment of the same" From
this it was evident that if the Auditor
of State continued draw warrants
for the purposes mentioned when the appropria-
tons had been exhausted he would become
liable for all sums SO expended out OF the treas
ury. But there is another section. 2052 which
had significant bearing on the question, and
that states: ''If the Auditor of State shall draw
any warrant upon the Treasurer of the State,
unless there be money in the treasury belonging
TO the particular fund upon which the same Is
drawn to pay the same, and in conformity to APP
preparations made by law he shall be fined II
any sum not more than 81 900 nor less than
800, and imprisoned in the county Jail not
more than six months, nor less than one month"
1t was at first proposed by the Attorney gen
eral and Treasurer of State that each officer
should meet the expenses OF his own Office and
the salary of his clerk, with the belief that the
Legislature, at its next session. would reim-
burse them. The principal objection to this
was that all the officers concerned would or
action in that direction to be taken must
necessarily be by unanimous agreement. The
Attorney genera Treasurer and Auditor of
State stood ready to pay the amounts required
out of their own pocket. However,
Treasurer of State Lsmcke agreed to
advance the money out of his
would guarantee him repayment, provided the
Legislature failed TO make appropriation to
reimburse him. This has met the approval of
nearly all the officers interested, and has the
especial Endorsement of the Supreme Court
judges, who say that the Treasurer is right Their
faith in this means of providing for the
Rency is expressed in q guarantee signed by
judges collars, Elliott. Howk, Mitchell and
Niback. 1t reads:
This wituesseth that in consideration of the under
taking of j. A Lerncke Treasurer of State, to ad
money required for the payment of the expenses
of the Supreme Court of the State and each of
10 promise and agree that we will repay to the said J.
A. Lemcke any and all that may be paid by
him for the purpose aforesaid the order of court
certified him by the Chief justice by of the
judges provided that said shall not be fully
funded or made good TO him by appropriation law
fully made by the Legislature and provided that such
approximation shall be made during the regular SEES
sion of the Legislature, 1889.
Treasurer Lemcke said yesterday: s'I am re-
sponsible to the State for all moneys except
what is paid out the Auditors warrants. By
this arrangement l am TO pay the clerks, mess
engers and janitors the presentation OF bills
from the various offices. / will hold these bills
until the proper appropriation is made TO meet
them. If am not reimbursed will be liable
for the money. While have been willing to
advance the money think it is no more than
just that those who are to be accommodated
shall take the risk, and not myself"
The Governors attention yesterday called
to the guarantee of the Supreme Court judges
in the following letter:
INpIANAPoL1s Nov. 5.
My Dear Sr-The failure of the General Assembly
the departments of the State government without
sufficient funds to perform the public service in
aware is prohibited by law from drawing his
where there is no appropriation and the absence OF
from the treasury, however pressing the need for
money may be.
In conversations heretofore had with your Exceen-
cy on the subject was unable to fully determine up
on plan by which TO offer the aid and assistance
that determined to take the responsibility of
Offering to the heads of those departments and bu
Te&uS concerned,
funds In such have heretofore been provided
by the appropriations to enable them dscharg the
in the very improbable of the Legislature fail
ure to fully reimburse such outlay, such heads of de-
partments and bureaus become personally responsible
to me for the amounts so advanced.
In pursuance OF this plan the honorable judges of
agreement with me by which am to advance the |
money required for their department, and knowing
that the executive department is not provided with
also left without provisions for military contn
the 5aas great N fdvancng
approved Of and freely accepted by the judges of the
Supreme Court. Very respectfully,
J. A. LEMCKE, Treasurer of State
His Excelency, Gov. ]. 2. GRAY.
The Governor has not as yet, responded. but |
it is understood that he does not favor the prop
ositlon. When asked yesterday concerning ie, |
he said he knew nothing of what the other |
State officers intended to do, except that he had |
been told the Supreme Court judges had &C.
cepted the proposition. The amount of money
TO be expended in this way will, for the coming
year. amount TO $1,000, if all the officers act
under the proposition. Until the Legislature
can make the desired appropriation, about 500
boo will be advanced.
The State-house Commissioners are consider
Ing the question of providing ianitors for the
corridors in the Capitol 1t has been proposed
10 them to take charge, in tina. way of all the |
offices in the new building If ir is accepted it
will greatly simplify matters by reducing the
advances required for janitors' service.
Purdue University also has no funds on ap- ,
preparations to its credit. but an arrangement
has been made with the Auditor and Treasurer
IF State by which it obtain sufficient means
until the Legislature meets The
State owes the institution on per-
bond on which yearly interest
,t $4,000 is paid in quarterly ipstallmeuts
The State officers named have agreed to pay the
institution two years interest in one which
will give it $34 000 It is simply doubling up
he quarterly interest payments with the under
standing that next year it will receive no inter
,st on the bond in order TO even up the matter
BY the time the Legislature can make an appro-
,riation.